APRIL 2020 AOS FILERS

[From the Brook 19]

55 minutes ago, AMJ6 said:

You're right. I'm just nervous cuz if he sign it for 60 days I'll be here illegally after June 10th

From what I know, he's suspending green cards for 60 days, and given that our process is months long, by the time we are eligible this should be over with. I'm confident we can submit our AOS, perhaps with just a bunch of delays, unfortunately. (That said, I am keeping my fingers crossed, because who knows.)

My end date is June 2nd, so same boat.

[Sravani 38]

I wouldn't postpone applying for AOS. His draft says it does not include spouse of US citizen or PRs. So if you are already here and got married it shouldn't effect you. But the draft is not final and it is not yet signed as of today. So I would recommend submitting for AOS, so you can be in pending status waiting for GC. Also once you get married K1 is obsolete. So you don't need to worry about I 94. I would just focus on AOS. I just filed mine and got NOA1 text. Good luck to everyone who is applying.

Edited April 22, 2020 by Sravani

[Viking 142]

16 minutes ago, Sravani said:

I wouldn't postpone applying for AOS. His draft says it does not include spouse of US citizen or PRs. So if you are already here and got married it shouldn't effect you. But the draft is not final and it is not yet signed as of today. So I would recommend submitting for AOS, so you can be in pending status waiting for GC. Also once you get married K1 is obsolete. So you don't need to worry about I 94. I would just focus on AOS. I just filed mine and got NOA1 text. Good luck to everyone who is applying.

Do you have a link to the draft

[Dutch_lee 13]

This is the law that allows presidents to ban immigrants to us...

Section 212(f) of the INA

"....Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the ENTRY of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the ENTRY of aliens any restrictions he may deem to be appropriate...."

Notice the word "ENTRY"... a president can ban almost anyone who is a noncitizen from entry to US, but as far as I know, once a person is legally admitted to the US, and is not in violation of any law, the president cannot bar him from seeking a service he is legally entitled to (apply for a greencard / workpermit ) from a government agency...

[JenIE 402]

On 4/20/2020 at 12:19 PM, MJAK said:

Hello again, I hope everyone is doing well!

 

I have a question regarding tax return (for I-864 Affidavit of Support). My husband has not filed for the most recent tax year (2019). Well, it is actually still in progress and he expects it to finish next month. He worked abroad last year and that's probably why it's taking longer and more complicated. However, since the deadline for filing tax is extended to July 2020, do we put his 2018 tax as the most recent, or should we disclose that he has NOT filed the most recent tax year?

 

Also, will this become a problem for my AOS process if we don't include the 2019 tax during initial filing?

I have the same problem! I am waiting on some paperwork to be able to complete my 2019 taxes so I haven't filed yet and am also wondering what to disclose since it's an automatic extension and didn't require filling out a request for extension.

 

Did you find out an answer to this?

[MJAK 28]

38 minutes ago, JenIE said:

I have the same problem! I am waiting on some paperwork to be able to complete my 2019 taxes so I haven't filed yet and am also wondering what to disclose since it's an automatic extension and didn't require filling out a request for extension.

 

Did you find out an answer to this?

Hi there! Unfortunately I still haven't found an answer from someone who may have had experience with this.

In form I-864, my husband ended up putting NO as in he has not filed the most recent tax year, and we will still provide 3 years of his most recent IRS tax transcript (2016-2018)

In I-944, we also ticked NO, and ticked 'Plan to file the tax return before due date for this year.', adding the explanation of not filing as "Tax deadline has been extended to July 15th, 2020." 

 

We are honestly unsure if this will be acceptable or lead to RFE (hopefully not rejection).

[Sravani 38]

1 hour ago, Viking said:

Do you have a link to the draft

I don't have access to the draft but Bloomberg news quoted this from the draft. You can find it from this link.

https://www.bloomberg.com/news/articles/2020-04-21/trump-says-he-ll-suspend-immigration-to-u-s-over-virus-concerns?fbclid=IwAR1tpbRJo5sXNZ4zWewA5OARve2-J52A_gD5z7lqfI-vVxK9ANui1c_vu4Q

[Cathi 5,755]

11 hours ago, Sravani said:

I don't have health insurance and I have no plans of getting it anytime soon. At least not until I get my work permit and get started on my business. So I marked NO and mentioned in the explain section that my joint sponsor will bare for any health expenses that may occur. And my joint sponsor wrote a letter for proof of relationship and mentioned in the same letter that he will cover for me for any medical expenses that may incur. I only just got my NOA1 text. I'll keep my status posted here if I get any RFE. I haven't found anyone who did this on visa journey but I took a call for myself as I didn't wanna use my family's funds to get health insurance when I am not earning at the moment.

A letter from a joint sponsor is no guarantee to USCIS that a sponsor can or will cover your medical bills. Anyone can write a letter and it isn't proof that a sponsor has the means to pay medical bills. If you get ill ,say with corona, and you end up in the ICU. your medical bills will literally be in the hundreds of thousands of dollars. I don't know of anyone who has a few hundred thousand dollars, or even more, just laying around. 

For example in 2012 I had emergency surgery for a perforated colon and spent 11 days in the hospital in a regular semi-private room(2 people per room). My medical bill was $103,000 and I wasn't in intensive care and this was 8 years ago.

[Viking 142]

6 minutes ago, Cathi said:

A letter from a joint sponsor is no guarantee to USCIS that a sponsor can or will cover your medical bills. Anyone can write a letter and it isn't proof that a sponsor has the means to pay medical bills. If you get ill ,say with corona, and you end up in the ICU. your medical bills will literally be in the hundreds of thousands of dollars. I don't know of anyone who has a few hundred thousand dollars, or even more, just laying around. 

For example in 2012 I had emergency surgery for a perforated colon and spent 11 days in the hospital in a regular semi-private room(2 people per room). My medical bill was $103,000 and I wasn't in intensive care and this was 8 years ago.

Having private, unsubsidized health insurance is a heavily positive factor. The lack of such insurance is generally a regular negative factor, but the lack of any insurance could become a heavily negative factor if you have ongoing health issues that could require costly Treatment.

 

I reccomend that  you get a health insurance coverage  for your household 

 

 

 

3. How will the applicant’s health and health insurance coverage be evaluated?

The USCIS will be looking to see if the applicant has been diagnosed with a “medical condition that is likely to require extensive medical treatment or institutionalization or that will interfere with the alien’s ability to provide and care for himself or herself, to attend school, or to work.” In making this determination, USCIS will generally defer to the civil surgeon’s medical report (Form I-693) that is a required part of the application process. But it could also consider other evidence of the medical condition. The agency has not proposed amending the I-693 to include additional questions based on the new rule. Bear in mind that the Administration issued a separate proclamation mandating that most applicants for an immigrant visa show enrollment in an approvable health insurance plan or the willingness to enroll within 30 days of admission. This proclamation has been enjoined at the present time.

 

Health Insurance as a Heavily Weighted Factor
Applicants who have such a medical condition must evidence that they have or are likely to have private health insurance or the financial resources to pay for reasonably foreseeable medical costs. Private health insurance would not include state-funded coverage, but it would include subsidized Affordable Care Act (ACA) coverage. If the applicant is uninsured and does not have the financial resources or ability to secure private health insurance, this will constitute a heavily weighted negative factor and likely result in a finding of public charge.In contrast, if the applicant has private unsubsidized health insurance, this will be considered a heavily weighted positive factor. This would not include subsidized ACA coverage. It does not appear that the applicant needs to have a medical condition for this factor to apply.

[YvetteS 178]

4 hours ago, AMJ6 said:

You're right. I'm just nervous cuz if he sign it for 60 days I'll be here illegally after June 10th

I'm in the same boat as you. My K-1 expires June 15th. 

 

I'm excited because I went to USPS today and mailed out my forms, but I am anxious because I do not know what this new order will mean for us going through AOS. 

 

For now I'm going to enjoy this little win, because who knows what tomorrow will bring.

 

Good luck!

[YvetteS 178]

2 hours ago, MJAK said:

Hi there! Unfortunately I still haven't found an answer from someone who may have had experience with this.

In form I-864, my husband ended up putting NO as in he has not filed the most recent tax year, and we will still provide 3 years of his most recent IRS tax transcript (2016-2018)

In I-944, we also ticked NO, and ticked 'Plan to file the tax return before due date for this year.', adding the explanation of not filing as "Tax deadline has been extended to July 15th, 2020." 

 

We are honestly unsure if this will be acceptable or lead to RFE (hopefully not rejection).

I submitted a screenshot of the IRS website showing that the tax deadline had been postponed to July 15th. 

There was also a noticed issued explaining this. It is called Notice 2020-18. I printed this notice and referenced it in my husband's I-864 and my I-944. 

 

https://www.google.com.au/url?sa=t&source=web&rct=j&url=https://www.irs.gov/pub/irs-drop/n-20-18.pdf&ved=2ahUKEwiZ473RnvvoAhVFCKwKHSbUCVsQFjAAegQIBRAC&usg=AOvVaw2v0NcfcKCcJr4TXTYpvLHL

 

Hope that helps. 

[kayden123 52]

13 hours ago, YvetteS said:

April filers... for I-944.. Health Insurance Question. If you checked "yes" for "Do you currently have health insurance" what did you check for 15D? 15D asks, "Have you enrolled or will soon enroll in health insurance but your coverage hasn't started yet?"

 

I want to submit my packet today. Any help would be appreciated. Thanks!

left it blank and in the spot below, i wrote i currently have health insurance.

[kayden123 52]

9 hours ago, K & R 2020 said:

Thank you for this! So problem is we are waiting for a statement from PG&E as proof of identity (as i dont have a SSN), to add my name onto our checking account. However think this is going to take ages. So might just have to leave it out. In terms of my equivalency report, I rang them and they said its not going to be ready until Friday - so I will only have an email from them as proof im getting one done.

 

I feel with all this new Trump stuff going on as well.... shall I just file it today? then at least i should get my NOA1 around the time my ESTA runs out? 

 

Thank you!!

I would file asap, you never know what is going to happen, currently nothing can get done in person anyways.

[kayden123 52]

8 hours ago, From the Brook said:

Hi All,

 

While we'd anticipated filing this week anyway, Trump's tweet last night sure kicked me into gear to push it through the mail slot. This I-944 is asking for some things I'd never thought I'd need, however.

 

How does one go about getting proof that you don't have a credit score without an SSN? (As the SS offices are closed to in-person services which are required for new applicants, I'm getting one with my I-765 application instead.) Any tips on how to get a no credit score report without an SSN?

Also, I do have an American bank account and credit card despite not having a SSN because Canada has an affiliate bank in the US that I have accounts with, so would I then I have a score here? Any other Canadians in the same situation?

 

Thank you!

you can call one of the credit companies here and ask, you might, but all we did was sent a letter explaining why we dont have a Credit report yet due to no SSN and plan on building positive credit as soon as we get one. we also sent a screen shot of the error screen when you try to get a report without a ssn

[kayden123 52]

9 hours ago, K & R 2020 said:

Thank you for this! So problem is we are waiting for a statement from PG&E as proof of identity (as i dont have a SSN), to add my name onto our checking account. However think this is going to take ages. So might just have to leave it out. In terms of my equivalency report, I rang them and they said its not going to be ready until Friday - so I will only have an email from them as proof im getting one done.

 

I feel with all this new Trump stuff going on as well.... shall I just file it today? then at least i should get my NOA1 around the time my ESTA runs out? 

 

Thank you!!

From my understanding, adding the name to the checking account is evidence, which is required during the interview, not for the AOS I485 packet.

we dont have a ssn yet either, even tho we applied 2 months ago. The only evidence for proof of relationship that i had to mail in was the marriage cert.  

 

 

*had to make another post since I was past edit time**